Opinion by Ralph Fucetola JD
Lawful regulations must be adopted in strict compliance with certain statutes and rules. An Agency that fails to follow the rules in rule-making has created an unconstitutional regulation. These procedures, under the Administrative Procedures Act (APA) and other rules set up over a half dozen steps that must be taken before a new regulation can be binding.
Generally, Agency rules start either from an initiative by the Agency or as an Agency response to an APA Citizens’ Petition. Sometimes an Agency will “cherry pick” the Citizens’ Petition it wants to use to impose new restrictions. Nonetheless, the Agency has to follow procedures to make a valid regulation.
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